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Chapter 25

Creating a system of appeal, review, and complaint

Part 3

Will decisions taken under the legislation be subject to a complaint to the Office of the Ombudsman?

All bodies that exercise public functions should be subject to the Ombudsmen Act 1975 unless compelling reasons exist not to do so.

Ombudsmen have a general power to investigate the activities of a wide range of bodies (listed in the Ombudsmen Act 1975) and report on the lawfulness, reasonableness, or correctness of those activities. These opinions are not binding (except in respect of opinions under the Official Information Act 1982). However, they may be forwarded to the House of Representatives if the Ombudsmen do not consider that adequate action has been taken by the public body. In many cases a public body will comply with the opinion of the Ombudsmen, leading to a satisfactory outcome for the complainant. The Ministry of Justice, the Department of Internal Affairs, and the Office of the Ombudsman must be consulted if the right to complain to the Ombudsmen is being restricted.